State v. Domingues’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) A person commits the offense of operating a vehicle under the influence of an intoxicant [ (DUI)] if the person operates or assumes actual physical control of a vehicle: (1) While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty; (2) While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner; (3) With .08 or more grams of alcohol per two hundred ten liters of breath; or (4) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood. (b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced as follows without possibility of probation or suspension of sentence: (1)For the first offense, or any offense not preceded within a five-year period by a conviction for an offense under this section or section 291E-4(a): (A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court; (B) Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a”

   9 later decisions quote this exact passage · from the majority
   e.g. State v. Wagner. · State v. Kekuewa

2. “(a) A person commits the offense of habitually driving under the influence of intoxicating liquor ... if, during a ten-year period[,] the person has been convicted three or more times for a driving under the influence offense; and (1) The person operates or assumes actual physical control of the operation of any vehicle while under the influence of an intoxicating liquor ...; [[Image here]] (c) Habitually driving under the influence of intoxicating liquor ... is a class C felony.”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Wagner. · State v. Kekuewa

3. “(a) A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle: (1) While under the influence of alcohol in an amount sufficient to impair the person’s normal mental faculties or ability to care for the person and guard against casualty; [[Image here]] (b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced as follows without possibility of probation or suspension of sentence: (1) For the first offense, or any offense not preceded within a five-year period by a conviction for an offense under this section ...: (A) A fourteen-hour minimum substance abuse rehabilitation program ...; (B) Ninety-day prompt suspension of license ...; (C) Any one or more of the following: (i) Seventy-two hours of community service work; (ii) Not less than forty-eight hours and not more than five days of imprisonment; or (iii) A fine of not less than $150 but not more than $1,000[.] [[Image here]] (2) For an offense that occurs within five years of a prior conviction for an offense under this section ... by: (A) Prompt suspension of license ... for a period of one year (B) Either one of the following: (i) Not less than two hundred forty hours of community service work; or (ii) Not less than five days but not more than fourteen days of imprisonment ...; (C) A fine of not less titan $500 but not more than $1,500[J [[Image here]] (3) For an offe”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Kekuewa · State v. Ruggiero